Woodland Park City Zoning Code

To provide a realistic opportunity for affordable housing development.

Permitted principal uses. See the Schedule of Permitted Uses in Subsection 22-4.4.

Permitted accessory uses. See the Schedule of Permitted Uses in Subsection 22-4.4.

Minimum lot area: 7.5 acres.

Minimum tract setbacks:

Maximum building coverage: 15%.

Maximum lot coverage: 65%.

Maximum density: 20 units per acre.

Maximum building height: five stories and 60 feet.

The R-J Residence "J" District shall have an obligation to deed-restrict a minimum of 20% of the units built as affordable units, regardless of tenure. The units shall meet the very-low-, low-, and moderate-income split required by the Uniform Housing Affordability Controls and 13% of the required units shall be very-low-income as defined by the Fair Housing Act (30% of the region's median income).

Any such affordable units shall comply with Uniform Housing Affordability Code, applicable COAH affordable housing regulations, the Fair Housing Act, any applicable order of the Court, and other applicable laws.

The developer/owner shall be responsible for retaining a qualified administrative agent, subject to the reasonable approval of the Mayor and Council to oversee the sales/rentals of the affordable housing units, at the developer's sole cost and expense.

The affordable units shall be compliant with Chapter 34, Affordable Housing.

All necessary steps shall be taken to make the affordable units provided creditworthy pursuant to applicable law for purposes of addressing the Borough's affordable housing obligation.

Off-street parking shall be subject to the requirements of Subsection 22-4.6.

Parking spaces shall measure nine feet wide by 18 feet long.

There shall be no parking of recreational vehicles, trailers, or boats.

Hairpin striping shall be utilized to delineate parking spaces.

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and enhance buffer areas. The landscape design shall create visual diversity and contrast through variation in size, shaped, texture, and color. The selection of plants in terms of susceptibility to disease and insect damage, wind damage, habitat (wet-side, drought, sun, and shade tolerance), soil conditions, growth rate, maintenance requirements, etc., shall be considered.

Foundation plantings. The landscape plan shall include foundation plantings that provide an attractive visual setting for the development. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groups of small trees in order to provide human scale to the building facades and winter interest. Foundation plantings shall be planted along the front facades of all buildings and along/beside primary building access points.

Parking lot landscaping.

Landscaping within sight triangles shall not exceed a mature height of 30 inches.

The landscape plan shall be prepared by a certified landscape architect certified by the New Jersey State Board of Landscape Architects.

The following types of signs are permitted in the R-J Residence District:

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses shall be used to add architectural interest and variety and to relieve the visual effect of a simple, long wall.

The maximum spacing between building wall offsets shall be 50 feet.

The minimum projection or depth of any individual vertical offset shall not be less than one foot.

Roofline offsets, which include dormers and gables, shall be provided to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum spacing between roof offsets shall be 80 feet.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent regarding style, materials, colors, and details.

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

All rooftop mechanical equipment shall be screened from view.

Parking lot lighting shall be no more than 20 feet in height.

A minimum average of at least 0.5 footcandles shall be maintained within parking lots and over all pedestrian walkways.

Footcandles at any property line shall not exceed 0.5 footcandle, except where there are entrance/exit driveways.

Parking lot fixtures shall be full cut-off.

Low-pressure sodium or mercury vapor lighting is prohibited.

The use of retaining walls should be in the form of terraces to accommodate severe grade changes, rather than single, tall retaining walls. No individual retaining wall shall exceed a height of 15 feet. Where provided, retaining walls shall be screened with a variety of landscaping materials, in groupings, rather than utilizing hedges or uniform plant species and spacing. Retaining walls shall be offset from one another so the face of each retaining wall is no closer than five feet.

Fences and walls shall not be located in any required sight triangles.

Fences or walls around trash receptacles or compactors may be a maximum of eight feet tall.

Trash and recycling receptacles and compactors shall not be visible from any public street.

All trash and recycling receptacles and compactors shall be screened by a solid fence or solid decorative masonry wall on three sides and heavy-duty gate closures on the fourth side.

The trash and recycling enclosure shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.

Off-tract improvements are required whenever an application for development requires the construction of off-tract improvements that are clearly, directly and substantially related to or necessitated by the proposed development. The Planning Board, as the case may be, shall require as a condition of final site plan or subdivision approval that the applicant provide for such off-tract improvements. Off-tract improvements shall include water, sanitary sewer, drainage, and street improvements, including such easements as are necessary or as may otherwise be permitted by law.

Determination of cost. When off-tract improvements are required, the Borough Engineer shall calculate the cost of such improvements in accordance with the procedures for determining performance guaranty amounts in N.J.S.A. 50:55D-53.4. Such costs may include, but not be limited to, any or all costs of planning, surveying, permit acquisition, design, specification, property and easement acquisition, bidding, construction, construction management, inspection, legal, traffic control and other common and necessary costs of the construction of improvements. The Borough Engineer shall also determine the percentage of off-tract improvements that are attributable to the applicant's development proposal and shall expeditiously report his findings to the board of jurisdiction and the applicant.

Improvements required solely for the application's development. Where the need for an off-tract improvement is necessitated by the proposed development and no other property owners receive a special (i.e., more than incidental) benefit thereby, or where no planned capital improvement by a governmental entity is contemplated, or the improvement is required to meet the minimum standard of the approving authority, the applicant shall be solely responsible for the cost and installation of the required off-tract improvements. The applicant shall elect to either install the off-tract improvements or pay the municipality for the cost of the installation of the required off-tract improvements.

Improvements required for the applicant's development and benefiting others. Where the off-tract improvements would provide capacity in infrastructure in excess of the requirements in Subsection c.4 above, or address an existing deficiency, the applicant shall elect to either install the off-tract improvements, pay its pro rata share of the cost to the Borough, or pay more than its pro rata share of the cost to facilitate the construction of the improvement(s) and accept future reimbursement so as to reduce its payment to an amount equal to its pro rata share. If a developer elects to address the required off-tract improvement(s) by making a payment, such payment shall be made prior to the issuance of any building permit. If the applicant elects to install the off-tract improvements or to pay more than its pro rata share of the cost of the improvements, it shall be eligible for partial reimbursement of costs of providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Borough Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a developer's agreement to be reviewed and approved by the Borough Attorney, who may request advice and assistance from the Board Attorney. Future developers benefiting from the excess capacity provided or funded by the initial developer shall be assessed in their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee not to exceed $2,000, to the Borough at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Borough shall forward the assessment payment to the initial developer, less any administration fee, within 90 days of such payment.

Performance guaranty. If the applicant elects to construct the improvements, the applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 50:55D-53.

Certification of costs. Once the required off-tract improvements are installed and the performance bond released, the developer shall provide a certification to the Borough Engineer of the actual costs of the installation. The Borough Engineer shall review the certification of costs and shall either accept them, reject them, or conditionally accept them. In the review of costs, the Borough Engineer shall have the right to receive copies of invoices from the developer sufficient to substantiate the certification. Failure of the developer to provide such invoices within six months of the Borough Engineer's request shall constitute forfeiture of the right of future reimbursement for improvements that benefit other.

Time limit for reimbursement. Notwithstanding any other provisions to the contrary, no reimbursement for the construction of off-tract improvements providing excess capacity shall be made after 10 years has elapsed from the date of the acceptance of the certification of costs by the Borough Engineer.